HomeMy WebLinkAbout5-7-98 BA MinutesBOARD OF AWUSTM ENT
May 7, 1998
City Council Chambers
A meeting of the Board of Adjustment was held on May 7, 1998 with the following
members present:
Board Member Mary Jowers
Board Member Lamar Roach
Board Member Alvin Cook
Board Member Glenn Bodwin
Board Members absent: Board Member Dohn LaBiche
Board Member Bob Harris
Board Member Joe Ashy
Also present: Stephen Richardson, Planning Director; Murray Duren,
Senior Planner; Tyrone Cooper, First Assistant City
Attorney; Stanley Hatcher, Planning Technician and Jill
Cole, Recording Secretary.
Board Member Roach made a motion to approve the minutes of the April 2, 1998
Board of Adjustment Public Hearing. Board Member Cook seconded the motion.
Motion to approve carried 4:0.
SWEARING IN OF WITNESSES
1) File 407-BA: A request for a special exception on a comer lot to allow a rear yard
(setback) of eight (8) feet instead of the fifteen (15) feet regulated by Section 30-25
B. I and Section 30-25 C. 17. Property is zoned RS (Residential Single Family
Dwelling).
Location: 2570 Ashley at Tenth Street
Applicant: Hartman Homes for Mick Dubea
BOARD OF ADJUSTMENT
May 7, 1998
Mr. Richardson told the Board that the request was for a special exception of the
minimum rear yard building setback on a corner lot in a single family residential
district.
The proposed use is a new home that will be built on the property at 2570 Ashley.
The special exception is from the required 15 feet at the rear to 8 feet. According
to Mr. Dubea, who is the owner of the property and is building the home, the
reason for this special exception is to avoid cutting down several oak trees on the
property. The applicant shall have the burden of providing to the Board that the
special exception will not adversely affect the value and use of adjacent
neighboring properties and that the exception is not contrary to the public interest.
Fourteen notices were mailed to property owners within 200 feet of the subject
property. Two responses in favor and none in opposition were returned to staff.
Board Member Jowers, acting as Chairman, opened the public hearing and asked
for the applicant's comments.
Don Hartman of Hartman Homes, the applicant, addressed the Board.
Board Member Jowers; asked for comments in favor or in opposition. No
comments were made. Board Member Jowers closed the public hearing.
Discussion between Board members followed.
Board Member Cook made a motion to approve the special exception allowing a
rear yard building setback of 8 feet instead of 15 feet as requested in File 407-BA.
Board Member Bodwin seconded the motion. Motion to approve carried 4:0.
2) File 408-BA: A request for a variance to the sign regulations of Section 30-28 (c)3.
to permit an owner identification sign with an overall height of 80 feet. The
ordinance allows signs up to 50 ft. in an LI (Light Industrial) District.
Location: 2265 IH-10 S.
Applicant: Chandler Signs, Inc. for O'Krepki Hotel Group, L.P.
Mr. Richardson told the Board that the request was from the maximum height
requirement for an owner identification sign proposed in an LI District at 2265 IH-
10 South. The variance is from the required 50 feet to 80 feet.
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BOARD OF ADJUSTMENT
May 7, 1998
The applicant, Chandler Signs, is requesting this variance in order to construct an
80 foot tall joint owner identification sign for two new Marriott Hotels being built
at this address. One is a Courtyard and the other is a Fairfield Inn. The Zoning
Ordinance allows a detached owner identification sign 50 feet tall. This dimension
is measured from the crown of the roadway immediately abutting the property.
The subject tract abuts the northbound service road of IH-10-
The applicant states that a 50 foot sign will not be seen by motorists because trees
would block the view.
The applicant shall have the burden of proof to demonstrate that all three of the
conditions for granting have been met.
Nine notices were mailed to property owners within 200 feet of the subject
property. One response in opposition and none in favor were returned.
Board Member Jowers opened the public hearing and asked for the applicant's
comments.
Bill Teel of Chandler Sign Company, the applicant, addressed the Board on behalf
of Marriott and O'Krepki Hotel Group. Mr. Teel said that a flag test was
performed at the site using a crane truck. He had photos of the test at 50 feet and
also at 80 feet high. They found that the visibility at 50 feet was inadequate.
Primarily, they want to give motorists on eastbound IH-10 an opportunity to exit
at Washington Boulevard. He said that they feel that at 80 feet, motorists have a
chance to exit safely. Mr. Teel answered questions from the Board.
Board Member Jowers asked for comments in favor or in opposition.
Chris Coco of Bemsen, Jamail and Goodson Law Firm addressed the Board on
behalf of the Hilton Hotel. The Hilton Hotel has a 38 foot sign and are opposed
to the Marriott's request. They are currently undergoing a extensive renovation
and will replace the 38 foot sign with a monument sign. Mr. Coco said that there
is nothing unique about the subject property and does not warrant the request.
Tim Kennedy, General Manager of the Hilton, spoke to the Board in opposition of
the request.
A. J. Leger spoke on behalf of Don's Seafood Restaurant located across the
freeway from the subject property. They are in opposition to the request.
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BOARD OF ADJUSTMENT
May 7,1998
Rebuttal by Bill Teel. In reference to the Hilton's plan to replace their sign with
a monument sign, Mr. Teel reminded the Board that they would still have their
rooftop neon sign that provides excellent visibility.
Board Member Jowers closed the public hearing.
Board Member Roach made a motion to deny the variance of the maximum height
requirement for the owner identification sign for an 80 foot sign as requested in
File 408-BA. Board Member Bodwin seconded the motion. Motion to deny
carried 4:0.
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